QUESTION

Here is the situation. I just found out today in a meeting with a family resource worker that my daughter ran away from home while the mother was sleeping. the police found her but i was not informed about it, this happened on monday. would i be able to have my daughter taken away from here after i proved to dhs that she has been neglecting my daughter for the past two years?

Asked on Apr 20th, 2011 on Family Law - Iowa
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Here is the situation. I just found out today in a meeting with a family resource worker that my daughter ran away from home while the mother was sleeping. the police found her but i was not informed about it, this happened on monday. would i be able to have my daughter taken away from here after i proved to dhs that she has been neglecting my daughter for the past two years?
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General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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I'm assuming that there is a court order in your case dictating custody.  If so, you cannot voluntarily violate the court order or risk contempt charges.  You will need to have the court modify the decree to prevent contempt.  For you to obtain the modification a district court case would need to be filed. As there is a family resource worker, I'm assuming there must be a juvenile court case.  If there is a juvenile court case, you must have permission from the juvenile court to file a modification in district court (concurrent jurisdiction).  If there is a juvenile court action, you can present evidence to the juvenile court and the court can determine if your daughter should be returned to your ex-wife. If you believe that abuse or neglect has occurred, you need to contact DHS to inform them of the abuse or neglect.  If you fail to report the abuse or neglect, you can also have problems since you may have failed to correct the situation.  Prior to contacting DHS or taking any legal action, I would suggest contacting a local attorney to discuss your case and determine the necessary actions to take.
Answered on Oct 30th, 2011 at 2:59 PM

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